Overview · Filed: Nov 20, 2023
UPC_CoA_437/2023
VAPORIZATION DEVICE SYSTEMS AND METHODS
AppealsMain AppealCourt of AppealAppealCase Closed
Parties
Claimants
- NJOY Netherlands B.V.(Altria Group)
Reps: Hon.-Prof. Dr. Henrik Holzapfel (McDermott Will & Emery)
Respondents
- Juul Labs International, Inc.
Reps: Bernhard Thum (Thum & Partner); Jonas Weickert (Thum & Partner); Andreas Mötsch (Thum & Partner); Tobias Wuttke (Bardehle Pagenberg Partnerschaft mbB)
Judges
- Klaus Grabinski
- Peter Blok
Patents
- EP 3 498 115
- EP 3 504 990
- EP 3 504 989
- EP 3 504 991
- EP 3 430 921
CPC codes: A61M2016/0021, A61M2205/8237, A61M2205/3606, H02J7/00, A61M15/0015, A61M15/002, A61M15/0016, A24F7/02, A61M2205/3331, A24F40/485, A61M15/06, A61M2205/8206…
Sector: Electric Techniques
Outcome
Dismissed
Filed: Nov 20, 2023
First decided: —
Language: English
The Court of Appeal (Panel 1a) dismissed the appeal by Juul Labs International Inc. against the Paris Central Division's order rectifying the party name in five revocation actions brought by NJOY Netherlands B.V. The CoA held that despite the incorrect original naming of Juul Labs Inc. (instead of Juul Labs International Inc., the registered patent proprietor), the appellant should have known the actions were directed against it, and the rectification did not cause unreasonable prejudice. No costs order was made in the appeal as it did not constitute a final decision concluding the actions.
Open on UPC Registry